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Public Act 91-0865
SB1503 Enrolled LRB9112809DHpr
AN ACT to amend the Illinois Vehicle Code by changing
Sections 13-102.1, 13-109.1, and 13-114.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 13-102.1, 13-109.1, and 13-114 as follows:
(625 ILCS 5/13-102.1)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 13-102.1. Diesel powered vehicle emission
inspection report. Beginning July 1, 2000, the Department of
Transportation and the Department of State Police shall each
conduct an annual study concerned with the results of
emission inspections for diesel powered vehicles registered
for a gross weight of more than 16,000 pounds or having a
gross vehicle weight rating of more than 16,000 pounds. The
studies study shall be reported to the General Assembly by
June 30, 2001, and every June 30 thereafter. The studies
study shall also be sent to the Illinois Environmental
Protection Agency for its use in environmental matters.
The studies shall include, but not be limited to, the
following information:
(a) the number of diesel powered vehicles that were
inspected for emission compliance by the respective
departments pursuant to this Chapter 13 during the
previous year;
(b) the number of diesel powered vehicles that
failed and passed the emission inspections conducted by
the respective departments required pursuant to this
Chapter 13 during the previous year; and
(c) the number of diesel powered vehicles that
failed the emission inspections conducted by the
respective departments pursuant to this Chapter 13 more
than once in the previous year.
(Source: P.A. 91-254, eff. 7-1-00.)
(625 ILCS 5/13-109.1)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 13-109.1. Annual and nonscheduled emission
inspection tests; standards; penalties; funds.
(a) For each diesel powered vehicle that (i) is
registered for a gross weight of more than 16,000 pounds,
(ii) is registered within an affected area, and (iii) is a 2
year or older model year, an annual emission inspection test
shall be conducted at an official testing station certified
by the Illinois Department of Transportation to perform
diesel emission inspections pursuant to the standards set
forth in subsection (b) of this Section. This annual
emission inspection test may be conducted in conjunction with
a semi-annual safety test.
(a-5) Beginning October 1, 2000, the Department of State
Police is authorized to perform nonscheduled emission
inspections for cause, at any place within an affected area,
of any diesel powered vehicles that are operated on the
roadways of this State, and are registered for a gross weight
of more than 16,000 pounds or have a gross vehicle weight
rating of more than 16,000 pounds. The inspections shall
adhere to the procedures and standards set forth in
subsection (b). These nonscheduled emission inspections
shall be conducted by the Department of State Police at weigh
stations, roadside, or other safe and reasonable locations
within an affected area. Before any person may inspect a
diesel vehicle under this Section, he or she must receive
adequate training and certification for diesel emission
inspections by the Department of State Police. The
Department of State Police shall adopt rules for the training
and certification of persons who conduct emission inspections
under this Section.
(b) Diesel emission inspections conducted under this
Chapter 13 shall be conducted in accordance with the Society
of Automotive Engineers Recommended Practice J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
Powered Vehicles" and the cutpoint standards set forth in the
United States Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be
used with the SAE J1667 In-Use Smoke Test Procedure". Those
procedures and standards, as now in effect, are made a part
of this Code, in the same manner as though they were set out
in full in this Code.
Notwithstanding the above cutpoint standards, for motor
vehicles that are model years 1973 and older, until December
31, 2002, the level of peak smoke opacity shall not exceed 70
percent. Beginning January 1, 2003, for motor vehicles that
are model years 1973 and older, the level of peak smoke
opacity shall not exceed 55 percent.
(c) If the annual emission inspection under subsection
(a) reveals that the vehicle is not in compliance with the
diesel emission standards set forth in subsection (b) of this
Section, the operator of the official testing station shall
issue a warning notice requiring correction of the violation.
The correction shall be made and the vehicle submitted to an
emissions retest at an official testing station certified by
the Department to perform diesel emission inspections within
30 days from the issuance of the warning notice requiring
correction of the violation.
If, within 30 days from the issuance of the warning
notice, the vehicle is not in compliance with the diesel
emission standards set forth in subsection (b) as determined
by an emissions retest at an official testing station, the
operator of the official testing station or the Department
shall place the vehicle out-of-service in accordance with the
rules promulgated by the Department. Operating a vehicle that
has been placed out-of-service under this subsection (c) is a
petty offense punishable by a $1,000 fine. The vehicle must
pass a diesel emission inspection at an official testing
station before it is again placed in service. The Secretary
of State, Department of State Police, and other law
enforcement officers shall enforce this Section. No emergency
vehicle, as defined in Section 1-105, may be placed
out-of-service pursuant to this Section.
The Department or an official testing station may issue a
certificate of waiver subsequent to a reinspection of a
vehicle that failed the emissions inspection. Certificate of
waiver shall be issued upon determination that documented
proof demonstrates that emissions repair costs for the
noncompliant vehicle of at least $3,000 have been spent in an
effort to achieve compliance with the emission standards set
forth in subsection (b). The Department of Transportation
shall adopt rules for the implementation of this subsection
including standards of documented proof as well as the
criteria by which a waiver shall be granted.
(c-5) If a nonscheduled inspection reveals that the
vehicle is not in compliance with the diesel emission
standards set forth in subsection (b), the operator of the
vehicle is guilty of a petty offense punishable by a $400
fine, and a State Police officer shall issue a citation for a
violation of the standards. A third or subsequent violation
within one year of the first violation is a petty offense
punishable by a $1,000 fine. An operator who receives a
citation under this subsection shall not, within 30 days of
the initial citation, receive a second or subsequent citation
for operating the same vehicle in violation of the emission
standards set forth in subsection (b).
(d) There is hereby created within the State Treasury a
special fund to be known as the Diesel Emissions Testing
Fund, constituted from the fines collected pursuant to
subsections subsection (c) and (c-5) of this Section. Subject
to appropriation, moneys from the Diesel Emissions Testing
Fund shall be available, as a supplement to moneys
appropriated from the General Revenue Fund, to the Department
of Transportation and the Department of State Police for
their its implementation of the diesel emission inspection
requirements under this Chapter 13. All moneys received from
fines imposed under this Section shall be paid into the
Diesel Emissions Testing Fund. All citations issued pursuant
to this Section shall be considered non-moving violations.
The Department of Transportation and the Department of State
Police are is authorized to promulgate rules to implement
their its responsibilities under this Section.
(Source: P.A. 91-254, eff. 7-1-00.)
(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
(Text of Section before amendment by P.A. 91-254)
Sec. 13-114. Interstate carriers of property. Any
vehicle registered in Illinois and operated by an interstate
carrier of property shall be exempt from the provisions of
this Chapter provided such carrier has registered with the
Bureau of Motor Carrier Safety of the Federal Highway
Administration as an interstate motor carrier of property and
has been assigned a federal census number by such Bureau. An
interstate carrier of property, however, is not exempt from
the provisions of Section 13-111(b) of this Chapter.
Any vehicle registered in Illinois and operated by a
private interstate carrier of property shall be exempt from
the provisions of this Chapter, except the provisions of
Section 13-111(b), provided it:
1. Is registered with the Bureau of Motor Carrier Safety
of the Federal Highway Administration, and
2. Carries in the motor vehicle documentation issued by
the Bureau of Motor Carrier Safety of the Federal Highway
Administration displaying the federal census number assigned,
and
3. Displays on the sides of the motor vehicle the census
number, which must be no less than 2 inches high, with a
brush stroke no less than 1/4 inch wide in a contrasting
color.
(Source: P.A. 85-1407.)
(Text of Section after amendment by P.A. 91-254)
Sec. 13-114. Interstate carriers of property. Any
vehicle registered in Illinois and operated by an interstate
carrier of property shall be exempt from the provisions of
this Chapter provided such carrier has registered with the
Bureau of Motor Carrier Safety of the Federal Highway
Administration as an interstate motor carrier of property and
has been assigned a federal census number by such Bureau. An
interstate carrier of property, however, is not exempt from
the provisions of Section 13-111(b) of this Chapter.
Any vehicle registered in Illinois and operated by a
private interstate carrier of property shall be exempt from
the provisions of this Chapter, except the provisions of
Section 13-111(b), provided it:
1. is registered with the Bureau of Motor Carrier
Safety of the Federal Highway Administration, and
2. carries in the motor vehicle documentation
issued by the Bureau of Motor Carrier Safety of the
Federal Highway Administration displaying the federal
census number assigned, and
3. displays on the sides of the motor vehicle the
census number, which must be no less than 2 inches high,
with a brush stroke no less than 1/4 inch wide in a
contrasting color.
Notwithstanding any other provision of this Section, each
diesel powered vehicle that is registered for a gross weight
of more than 16,000 pounds or has a gross vehicle weight
rating of more than 16,000 pounds, registered within the
affected area, and that is operated by an interstate carrier
of property or a private interstate carrier of property
within the affected area is subject only to the provisions of
this Chapter that pertain to nonscheduled diesel emission
inspections.
(Source: P.A. 91-254, eff. 7-1-00.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect on
July 1, 2000.
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